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Calcutta High CourtCRM (NDPS)/137/2024rejected

Abdur Rahim @ Rahim @ Abdul Rahim And ORS. v. State Of West Bengal

2024-01-22Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

22.01.2024.

05.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 137 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.26 of 2022 arising out of Baishabnagar P.S. Case No.138 of 2022 dated 10.02.2022 under Section 27A of the Drugs and Cosmetics Act read with Section 21(c) of the NDPS Act. In the matter of : Abdur Rahim @ Rahim @ Abdul Rahim & Ors.

... Petitioners.

Mr. Abhimanyu Banerjee.

...for the Petitioners.

Mr. Abhra Mukherjee, Mr. R. Jana.

...for the State.

1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record. Bail prayer of the petitioners was rejected in September, 2022 on merits. 685 bottles of phensedyl syrup containing codeine phosphate was recovered from the petitioners. Trial is in progress.

3.

Under such circumstances and in view of statutory restrictions under Section 37 of the NDPS, we are not inclined to grant bail to the petitioners.

4.

Accordingly, the prayer for bail of the petitioners is rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)